Terms
The Terms of Use were last updated on 2020-04-17. Please check our Terms of Use periodically for changes.
Thank you for visiting OutdoorsNow.ca (the “Website”). This Website is provided by Kennedy Software Solutions Inc. and/or its affiliates (“KSS”) as a service to our customers. Please review the following terms that govern your use of the Website. KSS reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, you should review these Terms of Use whenever you visit this Website. By accessing, viewing, browsing and/or using the Website after we post changes to these Terms of Use, you unconditionally accept and agree to those changes, whether or not you actually reviewed them. If you violate any of the terms of these Terms of Use you may, without limitation, have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Website. At the top of this page, KSS will notify you of the date these Terms of Use were last updated.
Using the Website will constitute your acceptance of these Terms of Use. If you do not agree to abide by these terms, you may not use the Website.
Limited License and Website Access
KSS grants you a limited license to access and make personal use of the Website. You may not download (other than page caching) or modify the Website, or any portion of it, except with prior written consent of KSS. This limited license does not permit any of the following: any resale or commercial use of the Website or its contents; any collection of information, such as (without limitation) product reviews, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without prior written consent of KSS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) on the Website without prior written consent. You may not use any meta tags or any other “hidden text” utilizing KSS’ name or trademarks without the prior written consent of KSS. Any unauthorized use terminates your limited license granted by KSS. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to https://kennedy.software so long as the link does not portray KSS, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any KSS logo or other proprietary graphic or trademark as part of the link without express written permission of KSS.
Communications
When you visit the Website or send emails to KSS, you are communicating with KSS electronically. You consent to receive communications from KSS electronically. KSS may communicate with you by email, phone, or by posting notices on this Website. This communication could be regarding matters relating to your site visit or other legitimate business reasons. Marketing communications are covered in the KSS Privacy Policy. You agree that all agreements, notices, disclosures and other communications that KSS provides to you electronically satisfy any legal requirement that such communications be in writing.
Privacy
Please review our Privacy Policy, which also governs your visit to the Website. To the extent there is a conflict between the terms of the Privacy Policy and the Terms of Use, the Terms of Use shall govern.
Copyrights, Trademarks and Intellectual Property
All content included on the Website, such as (without limitation) text, graphics, photos, videos, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of KSS or its content suppliers and is protected by both Canadian and international copyright laws. The compilation of all content on the Website is the exclusive property of KSS and protected by both Canadian and international copyright laws. All software used on the Website is the property of KSS or its software suppliers and protected by both Canadian and international copyright laws.
The KSS name and logos and all related product and service names, design marks and slogans are the trademarks or service marks of KSS. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to the Website does not authorize you to use any name, logo or mark in any manner.
Usage By Minors
The Website is not intended for or directed to minors (typically persons under the age of 18). As KSS cannot prohibit minors from accessing, viewing, browsing, visiting or using the Website, KSS must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase and restrict access accordingly. By using the Website, purchasing products through KSS or providing KSS with any information, you represent to KSS that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, that you have the express permission of your parent or guardian and that any information you provide to KSS is not inaccurate, deceptive or misleading.
User Reviews, Feedback, Submissions, Ideas
For all reviews, comments, feedback, emails, photos, videos, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to KSS on or through the Website, by email or telephone or written correspondence, or otherwise disclosed, submitted or offered in connection with your use of the Website (collectively, the “Comments”) you grant KSS a royalty-free, irrevocable, fully sub-licensable, transferable right and license to use the Comments in any manner KSS desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world at any time.
KSS will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you or crediting you in any way. KSS is and shall be under no obligation whatsoever (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you will not violate the terms of this Terms of Use or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
KSS shall not be required to regularly review Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments. You grant KSS the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify KSS and its affiliates for all claims resulting from any Comments you submit. KSS and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Product Descriptions/Content
KSS strives to be as accurate as possible. However, KSS does not warrant that product descriptions or other content of the Website are accurate, complete, reliable, current, or error-free. If a product reviewed by KSS itself is not as described, your sole remedy is to return the product in unused condition. KSS regrets that we cannot be responsible for pricing errors made on third-party or affiliated web sites, prices quoted incorrectly in print publications which are not directly affiliated with KSS, or any incorrect currency conversion.
You understand that by using the Website or any services provided on the Website, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that KSS shall have no liability to you for content that may be deemed offensive, indecent, or objectionable.
Website Security/Access
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Such violations of system or network security may result in civil or criminal liability. KSS will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from KSS on this Website and other than generally available third-party web browsers (e.g., Mozilla Firefox, Google Chrome or Microsoft Internet Explorer).
Disclaimer/Limitation of Liability
THE SITE IS PROVIDED BY KSS ON AN “AS IS” AND “AS AVAILABLE” BASIS. KSS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KSS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, KSS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE ADVERTISED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE.
KSS DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM KSS ARE FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS, OR ERRORS IN INFORMATION. KSS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL KSS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF KSS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Disputes
Any dispute relating in any way to your visit to the Website, to these Terms of Use, to our Privacy Policy, to our advertising or solicitation practices shall be submitted to confidential arbitration in Toronto, Ontario, Canada. Provided, however, that, to the extent you have in any manner violated or threatened to violate KSS intellectual property rights, KSS may seek injunctive or other appropriate relief in any state or federal court in the Province of Ontario, Canada and you consent to the exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
Indemnification
You agree to defend, indemnify and hold harmless KSS from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website or any breach by you of these Terms of Use.
General
These Terms of Use represent the complete agreement between you and KSS and supersede all prior agreements and representations. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the provisions. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. The failure of KSS to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit KSS’ rights or remedies with respect to such breach or any subsequent breaches.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide KSS’ copyright agent the written information specified below. Please note that this procedure is exclusively for notifying KSS of an allegation that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use on the Website is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
KSS’ Copyright Agent for notice of claims of copyright infringement on the Website can be reached as follows:
Copyright Agent
Kennedy Software Solutions Inc.
email: [email protected]
Notice and Procedure for Making Claims of Trademark Infringement
If you believe that your work has been copied in a way that constitutes trademark infringement, please provide KSS’ trademark agent the written information specified below. Please note that this procedure is exclusively for notifying KSS of an allegation that your trademarked material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark interest;
- A description of the trademarked work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use on the Website is not authorized by the trademark owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the trademark owner or authorized to act on the trademark owner’s behalf.
KSS’ Trademark Agent for notice of claims of trademark infringement on the Website can be reached as follows:
Trademark Agent
Kennedy Software Solutions Inc.
email: [email protected]
Termination
These Terms of Use are effective unless and until terminated by either you or KSS. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Website. KSS, at its sole discretion, also may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Website, if in KSS’ determination you fail to comply with any term or provision of these Terms of Use, violate any applicable law or harm the interests of other users, associates, affiliates or us. Upon any termination of these Terms of Use by either you or KSS, you must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials, whether made under the Terms of Use or otherwise. The following sections shall survive any termination of these Terms of Use: “USER REVIEWS, FEEDBACK, SUBMISSIONS, IDEAS” “SITE SECURITY/ACCESS,” “COPYRIGHTS TRADEMARKS AND INTELLECTUAL PROPERTY,” “INDEMNIFICATION,” “TERMINATION,” “DISCLAIMER/LIMITATION OF LIABILITY,” “DISPUTES,” “PRIVACY” AND “GENERAL.”